URKMENISTAN: MEJLIS HUMAN RIGHTS COMMITTEE DOES

C O N F I D E N T I A L SECTION 01 OF 02 ASHGABAT 001599

SIPDIS

DEPT FOR SCA/CEN; DRL

E.O. 12958: DECL: 12/09/2019
TAGS: PHUM PGOV TX
SUBJECT: URKMENISTAN: MEJLIS HUMAN RIGHTS COMMITTEE DOES
NOT MONITOR IMPLEMENTATION OF LAWS

REF: ASHGABAT 1535

Classified By: Charge d'Affaires Sylvia Reed Curran, Reasons 1.4 (b) an
d (d).


1. (C) On December 4, poloff met with the Chair of the
Mejlis Human Rights Committee, Yazdursun Gurbannazarova, to
discuss the committee's activities during the past year.
Also attending the meeting were Chair of the International
Relations Committee Batyr Berdiyev and MFA Americas
Department official Hemra Amannazarov. Gurbannazarova began
with a description of the Human Rights Committee, which
consists of 24 deputies, eight of whom are full-time
legislators and the remaining 16 who return to their
districts between sessions. The committee also has three
specialist staff persons, although the deputies themselves
have no support staff. Gurbannazarova informed that the
committee had prepared eight laws that were adopted during

2009. These included the new Criminal Procedure Code and
laws on anti-money laundering, the Procuracy, judges, awards,
the Immigration Service and weapons. To date, the committee
has not received any complaints from ministries or other
government agencies about the new laws. The committee is
already working on additional laws in order to carry out a
presidential tasking for updated legislation. These draft
laws address the Customs Service, the lawyers' association,
notaries, and internal affairs, as well as the
administrative, residential and citizenship codexes. When
asked about new laws on religion and public organizations,
Gurbannazarova said they are included in the five-year plan
for legislation, but she did not think they would be adopted
soon.


2. (C) Concerning human rights issues and how they come to
the attention of the committee, Gurbannazarova said other
members of the Mejlis bring issues to the committee, members
of the committee receive complaints, petitions and appeals
from constituents, citizens come to the committee with
various questions or to make a suggestion, and members of the
committee participate in all events in Turkmenistan involving
human rights. She mentioned that regardless of whether a
person is a citizen, a foreigner, or stateless, all stand
equal before the law. "The fundamental value is the
individual person," she said, emphasizing this is a priority
of President Berdimuhamedov. She said that of the
approximately 40 laws adopted during 2009, most deal with
improving people's lives. For example, prior to the adoption
of the new Criminal Procedure Code, there were contradictions
between the old code and the Constitution. The new Code
includes both international standards and best practices, and
also distinctly Turkmen elements that make it suitable for
the country. Gurbannazarova also mentioned new laws that
require more annual vacation for workers and extended
maternity leave that can be used by any caregiver, not only
mothers.


3. (C) Concerning the role of monitoring implementation of
legislation, Gurbannazarova was quite clear that the
committee did not have the authority to interfere in the work
of ministries and other state agencies. The members of the
committee, particularly those residing most of the time in
their districts, study the implementation of their laws and
make recommendations about how the laws might be revised or
amended in order to work better. Such recommendations would
then be considered when the Mejlis was in session.
Gurbannazarova said the Office of the General Procurator was
responsible for general oversight of implementation and
enforcement of laws.


4. (C) When asked about the Turkmen government's
implementation of the 2007 Law on the State Guarantee of
Equal Rights of Women, Gurbannazarova explained that the law
was a codification of international conventions on women's
rights to which Turkmenistan was a party. In her view, all
Turkmen laws include an element of gender equality. The 2007

ASHGABAT 00001599 002 OF 002


law on women's rights was passed to guarantee equal
participation of women in all branches of government and
society, strengthening and confirming the norms contained in
other laws. Gurbannazarova stated that official
discrimination against women does not exist, only
restrictions prohibiting them from engaging in heavy or
dangerous labor. She noted that the provisions of the law
have been implemented, citing as examples that 20 percent of
the members of the Mejlis are women, including the
Chairperson, and that women are well represented in the
government, scientific, health and education sectors.


5. (C) COMMENT: Despite Gurbannazarova's description of a
committee actively engaged in drafting legislation, it seems
clear that the tasks of initiating and drafting new laws are
done by governmental, interagency working groups, according
the priorities of the president. Even full-time committee
members lack the staff support and experience necessary to
create legislation from scratch. END COMMENT.
CURRAN